| JAMES F. FANTIGROSSI, JR. AND TERRY FANTIGROSSI V BRANNON HOMES, INC., D/B/A BRANNON HOMES AT CANDELWOOD PARK |
| Motion No: CA 10-00414 |
| Slip Opinion No: 2010 NY Slip Op 65202(U) |
| Decided on March 8, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 10-00414
| JAMES F. FANTIGROSSI, JR. AND TERRY FANTIGROSSI,
PLAINTIFFS-APPELLANTS, V BRANNON HOMES, INC., D/B/A BRANNON HOMES AT CANDELWOOD PARK,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 31, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Alex F. Philippone dated February 12, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Maurice J. Verrillo sworn to February 26, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 15, 2010.
Entered: March 8, 2010
Patricia L. Morgan, Clerk